Tanjanco v. Court of Appeals, G.R. No. L-18630, December 17, 1966

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Ponente: REYES, J.B.L., J.

FACTS:

Defendant Apolonio Tanjanco courted the plaintiff Araceli Santos BOTH BEING OF ADULT AGE.

Since he promised her marriage, she consented to his pleas for carnal knowledge. They did so frequently in a span of a year. As a result, she conceived a child, and due to her condition, she had to resign from her work

Apolonio REFUSED TO MARRY Araceli as promised and refrained from seeing the plaintiff which led to her suffering from mental anguish, besmirched reputation, wounded feeling, moral shock and social humiliation.

The plaintiff asked that the defendant to recognize the child she was bearing; to pay her not less than P430 a month for her support plus P100,000 in moral and exemplary damages plus 10,000 attorney’s fees. Basis Art 21.

Upon defendant's motion to dismiss, the CFI dismissed the complaint for failure to state a cause of action.

Santos appealed to the CA.

CA set aside the dismissal and directed the CFI to proceed with the case.

CA agreed with the CFI that no cause of action was shown to compel recognition of a child as yet unborn, nor for its support, but decreed that the complaint did state a cause of action for damages, premised on Article 21 of the Civil Code of the Philippines.

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Issue: Whether or not a breach of promise to marry can bring any action for damages in court. Whether or not seduction has been an element in the relationship between Apolonio and Arceli.

Held: NO case can be made since the plaintiff Araceli was a woman of adult age, maintained intimate sexual relations with appellant with repeated acts of intercourse. Such is not compatible to the idea of seduction.

Seduction is more than mere sexual intercourse or a breach of promise to marry. It connotes essentially the idea of deceit, enticement superior power or abuse of confidence on the part of the seducer to which the woman has yielded.

The facts stand out that for one whole year, from 1958 to 1959, the plaintiff-appellee, a woman of adult age, maintained intimate sexual relations with appellant, with repeated acts of intercourse. Such conduct is incompatible with the idea of seduction

Plainly, there is voluntariness and mutual passion: for had the appellant been deceived she would not have again yielded to his embraces much less for one year without exacting fulfillment of the alleged promises of marriage and she would have cut all relationship upon finding that defendant did not intend to fulfill his promises. One cannot be held liable for a breach of promise to marry.

DECISION: the decision of the Court of Appeals is reversed, and that of the Court of First Instance is affirmed. No costs.

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